Lexington 360 Associates v. First Union National Bank of North Carolina

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 29, 1996, which denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiff’s cross-motion to amend the complaint, unanimously reversed, on the law, with costs and disbursements, the motion granted and the cross-motion denied. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

*188This is an action for breach of a December 31, 1990 modification and estoppel agreement, which modified, in part, a $42,000,000 loan agreement, dated October 14,1988, among…